Consequential 12 months??

neris

On a drink drive charge the court result is "Disqualification order Consequential 12 months Fine €x amount. What does consequential mean? Is the person fined and disqualified or just fined with the 12 months hanging over them in case they wrong again?

FreudianSlippers

Consequential disqualification arises where the Court is obliged to make the disqualification order when the person is convicted of certain offences (often, if not always, the legislation will set out a minimum period - off the top of my head I think for your first offence of driving without insurance, it's 12 months consequential disqualification minimum). The person is fined and disqualified.

Peregrinus

Yup. It means that the disqualification is not discretionary on the part of the judge, but is an inevitable consequence of having been convicted of the offence.

MagicSean

It's a mandatory disqualification based on a dual scale. It takes into account the level of alcohol as well as previous convictions. You can find the scale here

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

blueythebear

Peregrinus wrote: »

Yup. It means that the disqualification is not discretionary on the part of the judge, but is an inevitable consequence of having been convicted of the offence.

In relation to driving with no insurance and dangerous driving, the disqualification applies automatically but if the judge deems that special reasons exist for non-imposition of the ban for a first time offence, he/she can decide not to impose the disqualification. I think it comes under S26 of Road Traffic Act 1994.

However, for drink driving the ban is mandatory with no discretion for the judge, except to increase the ban!